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Home My WebLink AboutCSD-18-005 - FN 2018-001 - 197 Simeon StREPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Technical Assistant – 519-741-2200 ext. 7843 WARD: 10 DATE OF REPORT: January 9, 2018 REPORT #: CSD-18-005 SUBJECT: FN2018-001 – 197 Simeon Street Applicant – Carolyn Vander Schaaf Approve with Conditions RECOMMENDATION That application FN2018-001 requesting permission to legalize an existing wood fence having a height of 2.2m to be located 0.5m from the lot line abutting Cameron Street rather than the required 4.5m; and, to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT be approved subject to the following conditions: 1. That the wooden fence boards obstructing visibility within the DVT are removed, creating openings for visibility as per the elevation drawings submitted within this application. This measure shall be completed by April 30th, 2018. 2. That the openings in the fence detailed in Condition 1 be maintained in perpetuity, otherwise this decision becomes null and void. Location Map: 197 Simeon Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: rd , 2018. The subject City Planning staff conducted a site inspection of the property on January 3 property located at 197 Simeon Street is zoned Residential Four (R-4) in the Zoning By-law and is being used as a single detached dwelling. The applicant is requesting permission to legalize an existing 2.2 metre high wooden fence located 0.5 metres from the exterior lot line whereas the By-law requires a setback of 4.5 metres (Section 630.5.1c). The applicant is also requesting permission to allow the fence to be located within the driveway visibility triangle (DVT) (Section 630.5.1d). rd View of Fence from Cameron Street (Site Visit January 3 2018) In considering the requested variance to the Fence By-law, Planning staff offers the following comments: The proposed variance meets the intent of the Fence By-law for the following reasons. The intent of the regulation that requires fences with a height between 1.82 and 2.44 metres to be set back 4.5 metres from the property line is to preserve street aesthetics and to provide an adequate buffer for the pedestrian realm. After completing a site visit, Planning staff is of the opinion that the subject fence does not have a negative effect on street aesthetics, nor does it have a negative effect on the pedestrian realm. In addition to the 0.5 metre setback to the property line, there is an additional 1.2 metres between the property line and sidewalk. Staff believes that the resulting 1.7 metre distance between the fence and the sidewalk sufficiently provides an adequate buffer space. View of Fence in Relation to the Sidewalk The intent of the regulation that prohibits fences within the driveway visibility triangle (DVT) is to ensure that visibility is maintained when a vehicle is exiting the driveway. To rectify this issue, the applicant is proposing to create openings in the fence by removing wooden boards in the area that would block visibility within the DVT to allow for clear, unobstructed visibility. These proposed openings are depicted in the diagrams below that were submitted by the applicant. Transportation Services has reviewed the diagrams of the proposed openings and is in support of this proposed solution. FA Diagram of Proposed Openings for Visibility Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance Transportation Services Comments: Based on the submitted plans with the application, the proposed openings within the existing fence are acceptable in creating visibility and must be maintained at all times. Heritage Planning Comments: Heritage Planning staff has no concerns with the proposed variances. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the property municipally addressed as 197 Simeon Street is advised that the property is located within the Pandora Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. Environmental Planning Comments: No environmental planning concerns. Eric Schneider, BES Juliane von Westerholt, MCIP, RPP Technical Assistant Senior Planner Region of Waterloo January 02, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (2) /06 Highland, McDonalds Restaurant (6) /55, Roth, Ronald Lee Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 197 Simeon Street (FN 2018-001): No concerns. 2. 431 Highland Road West (SG 2018-001): No concerns. 3. 3310 King Street East (A 2018-001): No concerns. 4. 375 Luella Street (A 2018-002): No concerns. 5. 197 Simeon Street (A 2018-003): No concerns. 6. 98-110 Victoria Street South (A 2018-004): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, .::� ��. I 1__� DOCS: 2598488 Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat Avenue GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.